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HomeMy Public PortalAbout07-05-1994 483 P R O C-EED I N GS-U F-THE-Cowl M Q N-eeu N Et L-c9 FIH E C-F'1FY=OF=RICHNIOND;tNDIAN UESD t-Y EIEW5 19• 1 The Common Council of the City of Richmond, Indiana met in regular session at 7:30 p.m. Tuesday, July 5, 2 1994, in the Council Chambers in said City. President Larry Parker presided with the following 3 Councilmembers present: Howard "Jack" Elstro, Etta Lundy, Jane Brookbank, Mary Ellen Donat, Don 4 McBride, Gene Allen, Bob Dickman and Sally Hutton. The following business was had to-wit: 5 6 PLEDGE OF ALLEGIANCE 7 8 PRAYER BY COUNCILMEMBER ELSTRO 9 10 ROLL CALL 11 12 Nine present. 13 14 APPROVAL OF MINUTES OF JUNE 20,1994 15 16 Councilmember Brookbank moved to approve the minutes of June 20, 1994, second by Councilmember 17 Lundy and the motion was carried on a unanimous voice vote. 18 19 COMMUNICATIONS FROM THE MAYOR 20 21 Mayor Roger Cornett distributed preliminary information on the budget, commenting that he was trying to 22 give all the information he had, to give plenty of time for feedback before the final budget document is 23 presented. He said he had given them the fiscal plan finalized late last week which has the newest forecast 24 for revenues that are up to date and accurate. 25 26 He said Michael Reuter, who works with Curtis Coonrod will go over part of the fiscal plan with them and 27 explain the details of the revenue forecasts, followed by City Controller Dennis Grimes, then they may feel 28 free to ask questions. He said also present was Kent Irwin of Wagner, Irwin, Sheeley and Associates, the 29 consulting firm that put in the job evaluation system that the City has and he will bring them up to date on 30 helping prepare a salary ordinance this year. 31 32 Mayor Cornett said he had some tentative recommendations of how to balance the budget calling Council's 33 attention to Option A which is what the budget would look like in 1995 with no increases of any kind and it 34 projects eliminating only two things out of the 1994 budget which is the money in this year's budget for Birth 35 To Five and Economic Development. Everything else in this year's budget, he said, would stay in but there 36 would be no increases for anything and that shows a deficit of $341,782 for next year's budget. That would 37 be the amount of money which would have to be cut from the budget to get it balanced. 38 39 He said Option B shows a three percent increase for salaries and wages and no increase for any other 40 expenditures with a deficit of $706,486. He said Option C shows a five percent increase with a $948,811 41 deficit. The revenue forecast, Mayor Cornett said, is $12,572,482 and he added that he wanted to 42 emphasize that he is talking about the general fund only, not motor vehicle and highway, parks or sanitary. 43 He said that compares to this year's budget of $12,489,024, or in other words, less than a $100,000 44 difference or virtually a push on revenue. 45 46 Reuter explained that he would be talking about four different categories which would be property, excise 47 and financial institution taxes; CAGIT; RP & L dividend; and all others. He pointed out a pattern of what the 48 revenues have been actually doing is that the property tax has had a steady increase, CAGIT a steady 49 decrease, RP & L dividends straight across then back down;and all other revenue about level. He explained 50 that the property tax is not going up in the general fund as much as last year because of the shift in 51 expenditures in the Park and Recreation fund to the general fund for 1993 to 1994. He said the general fund 52 in 1993 had a property tax level of $4.5 million and the Parks had a levy of $1.3 million, then in 1994 when 53 the expenditures shifted the general fund escalated significantly and the Parks fund decreased about 54 $650,000. 55 56 In addressing the CAGIT distribution, Reuter said the numbers certified for 1995 are based on what is 57 collected in 1992 because you always work three years in arrears on the CAGIT distribution. He noted that in 58 1992 there was a huge increase, but the problem has been pushed into 1996 and distributions are 59 60 exceeding the actual collections. He said the RP & L dividend dropped from $2,066,000 to $1.9 million in 1995. He added that the revenue forecast for 1995 is a straight line situation. 61 62 Grimes explained the expenditure analysis, based on zero percent, noting the personal services in 1993 vs. 63 1994 jumped from $7.7 million to $8.6 million due mainly to the switch of maintenance groups to the park 64 fund to the general fund and the five percent increase in personal services last year. He said the projection 65 on the expenditures show a trend of personal services for 1992/1993 during which some reorganizational changes took place. 484 Common Council Minutes Cont'd July 5, 1994 Page 2 1 2 Grimes said the figures in 1994 represent a five percent increase and show the trend of the supplies an. 3 other services fairly constant. He said Option A projected into 1995 represents zero percent persona 4 services and zero other expenditures showing a deficit of $342,000. He said the only exception to no othe 5 expenditures are four things that must be addressed in the 1995 budget. Two of these are the contractua 6 items within the police and fire budgets which are the police vests to protect the personnel at $34,000 and 7 the turnouts for the fire department at$43,000 and these are the five-year reoccurring obligations that musi 8 be funded as well as $60,000 for the general and primary election expenses for next year which is 9 four-year obligation of the City, and the health insurance fund is in need of a boost in terms of dollars and i 0 continually in a deficit position as far as funding the health insurance to the tune of $100,000. Grimes said 1 these are the only exceptions. 2 3 He reiterated what the Mayor said earlier about Option B and Option C, noting as complicated as it sounds, 4 it is rather simple. He said there are two options, one of which is to have additional revenue to supply the++ 5 deficit based upon the assumption that they have been given in the fiscal plan or possible funding solutions 16 in terms of cuts. 17 8 Commenting that this administration has come up with various ideas of what might possibly happen,Grimes 9 said possible points of action identified include eliminating all capital spending in the property tax fund •0 budgets which total somewhere in the neighborhood of $327,000; eliminating $300,000 out of the moto 1 vehicle highway fund to pave roads in the City; and transferring $160,000 to the general fund via the 2 Cumulative Capital Improvement Fund which is the only fund that legally can be transferred into the genera; '3 fund to support expenditures in that fund. He said those three options are the types of things the: �4 administration intends to pursue to balance the budget. '5 6 Grimes said it is a situation that must be addressed this year and also next, based upon the CAGIT forecast .7 of revenues of shifting the burden from one year to the next. He added that the administration wants to give) 8 Council the information necessary to make an intelligent decision. President Parker asked what the 9 carryover is. Mayor Cornett pointed out that the beginning operating budget for 1994 was$456,501 and if al this year's budget is spent the ending operating balance will be $62,218. He said this year's budget is in 1 deficit of $394,283. He reminded Council that the appeal to the state at the budget hearing at the Wayne 2 County Courthouse last fall was thought to be approved, however, in February it was learned that was not 3 the case so some things were reduced out of the budget and the City is in the process of eating up the cash 4 balance so there will be virtually no carryover. 5 6 Mayor Cornett said the administration intends to assume, in negotiations with police and fire, that there wil 7 be some negotiated settlement that will incorporate a personal services increase. He said the attempt thi 8 year is to present Council with a balanced budget and assuming there is some increase it will be eviden 9 what the range of deficit will be. He said there will be a formal request for Birth To Five funding and, I40 although he does not have it in writing, he understands that each Councilmember will be contacte 1 individually. He said the Human Rights Commission has already requested a$25,000 increase in its budge 2 for next year. He added that these assumptions assume no increase for neighborhoods but he assume 3 there will be one. 4 5 Assuming the budget ordinance will come to Council the first meeting in August and it has to be passed by �46 the end of September, Mayor Cornett said giving this information at this time will give Council and the administration a month to communicate with each other. He said the budget that is presented to Council a 8 that first meeting in August is going to be balanced and those cuts to get it in balance have to be made b 9 that time. 0 1 Mayor Cornett stated that when it gets to individual salaries for staff people it is extremely controversial an 2 this year Kent Irwin was asked to update the system from his perspective and provide some comparative r3 data so Council can make more intelligent decisions. He added that the administration feels there are some: 4 inequities and it will once again try to work with Council to try to correct those based on Irwin 155 recommendations. 56 7 Irwin distributed a handout which, he said, was a brief assessment of the current job classification and �58 compensation system in the City. Giving some background of how those job classifications came about P9 Irwin then noted that in 1994 his firm conducted an initial assessment with the Mayor and the departmen 160 heads looking at the classifications system as it applied to jobs today, realizing that certain jobs were going 61 to have to be updated in the way of new job descriptions to reflect the modifications that have occurre. 62 through time, principally due to departmental re-organization, creation of new jobs and demolishment o P63 others. He also noted that with the ADA there is a need to have an ongoing project as far as the description 64 are concerned and that is to identify the essential functions of each job. /65 485 Common Council Minutes Cont'd July-5 1-994 •-gR_3 1 2 Irwin said there are 99 jobs which need updating, noting that these were listed by departments in the handout 3 given to Council. He said there are some 30 additional jobs in the Sanitary District because of ADA, noting 4 the need to specify physical effort work environment more explicitly and the need for updating. He said there 5 is also a need to define some of those jobs that are part time and he will conduct an independent factoring 6 reclassification of the jobs within the system, make some analysis based upon current pay structure and 7 come back with pay adjustments needed from that analysis. 8 9 Plans are to develop a long term policy, Irwin said, so the system can be implemented according to the City's 10 pay philosophy which obviously is going to be impacted by available revenues. He said he is initially 11 suggesting that in the future there be a probationary hire-in rate established and that it be documented in 12 some fashion through a letter of appointment at the time of hiring. Once the classification pay system is 13 updated, Irwin said, he is suggesting that other employer obligations of the City be addressed to ensure that 14 the system is regularly monitored and maintained. 15 16 First of all, Irwin said,there should be an assessment of the City's personnel policies with regard to Title 1 of 17 the ADA focusing on hiring procedures, job applications, recruitment, any testing done in the selection 18 process and personnel record keeping system. Secondly, he said, a supervisory training should be instituted 19 where supervisors are briefed on the classification pay system and the policies that are adopted. Finally, 20 Irwin said, the job classification system should have a set policy for keeping it maintained and updated 21 through time with regular monitoring,job descriptions and incorporating those modifications when they occur 22 and conducting an annual wage and salary analysis for use during budget setting time. 23 24 Councilmember Donat asked Irwin if he had gone over individual job classifications any made any 25 recommmendations and he answered that he had not. She asked that he pay special attention to the 26 supervisor at the Street Division, commenting that she felt he is an exceptionally valued employee of the City 27 who posesses a great deal of knowledge and experience. 28 29 PRESENTATIONS OF REMONSTRANCES, PETITIONS,MEMORIALS AND PUBLIC COMMENTS 30 31 REPORT FROM CITY DEPARTMENTS 32 33 REPORT FROM OTHER OFFICES 34 35 REPORT FROM BOARD OF PUBLIC WORKS AND SAFETY 36 37 Minutes of the June 9, 16 and 23 meetings were included in the Council packets. 38 39 REPORTS FROM SPECIAL COMMITTEES 40 41 REPORTS FROM STANDING COMMITTEES 42 43 REPORTS FROM OTHER COUNCIL COMMITTEES 44 45 ORDINANCES 46 47 ORDINANCES ON FIRST READING 48 49 Councilmember Brookbank moved to suspend the rules and read on first reading by title only Ordinances No. 50 49 and 50 - 1994, second by Councilmember McBride and the motion was carried on a unanimous voice 51 vote. 52 53 ORDINANCE NO.49-1994 54 55 The Clerk read Ordinance No. 49 - 1994 - AN APPROPRIATION ORDINANCE AMENDING THE 1994 56 BUDGET 57 58 Grimes explained the ordinance, noting that it identifies a need to fund the lease purchase payment for the 59 paver recently acquired by the Street Division. He said the $24,620 is for the seven months remaining in 60 1994 and the money is being removed from the other contractual services category and being placed into the 61 other equipment category. 62 63 Councilmember Hutton moved to suspend the rules and advance Ordinance No.49- 1994 to second reading 64 and read by title only, second by Councilmember McBride and the motion was carried on a unanimous voice 65 vote. 486:. Common Council Minutes Cont'd July 5, 1994 Page-4 1 The Clerk read Ordinance No.49-1994 on second reading. 2 3 President Parker announced Ordinance No. 49 - 1994 on public hearing. There being no comments either 4 for or against, Councilmember McBride moved for engrossment, second by Councilmember Hutton and the 5 motion was carried on a unanimous voice vote. 6 7 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 49 - 1994 to third and final 8 reading and read by title only, second by Councilmember McBride and the motion was carried on a 9 unanimous voice vote. 0 1 The Clerk read Ordinance No.49 - 1994 on third reading. 2 3 Ordinance No. 49- 1994 was adopted on the following call of the roll: 4 5 Ayes: Elstro, Lundy, Brookbank, Donat, McBride, Allen, Dickman, Hutton and Parker(9) 6 Nays: None 7 8 ORDINANCE NO.50-1994 9 '0 The Clerk read Ordinance No. 50 - 1994 -A SPECIAL ORDINANCE AUTHORIZING THE APPROVAL OF '1 STATEMENTS OF BENEFITS FOR PROPERTY OWNERS APPLYING FOR DEDUCTIONS UNDER I.C. '2 6-1.1-12.1 '3 '4 Councilmember Donat explained that she was unable to attend the last meeting of the Tax Abatement 5 Committee because she was in Chicago serving in the capacity of an RP & L Board member, however she '6 said she talked with Janet Hibner in the Department of Law who said that businesses listed in the ordinance '7 meet all the requirements. Therefore, she said, she would recommend Council pass the ordinance. '8 .9 Councilmember Donat also reported that at the Committee of the Whole meeting called specificially to '0 discuss possible guidelines for tax abatements, it was Councilmember Hutton's suggestion that someone at '1 Indiana Association of Cities and Towns be contacted. Councilmember Donat said she talked with Tom •2 Morton at IACT and he indicated that several cities such as Indianapolis and South Bend had guidelines and '3 some of those were quite stringent. He volunteered to get those to her, she said. In the meantime, :4 Councilmember Donat said, it was Pete Wickman's suggestion to have those applying for tax abatments •5 attend the Council meeting so that if anyone had any questions they would be there to answer them. It was 6 also his suggestion, she said,that if they declined to attend the meeting the ordinance would be amended to 7 delete their business from that ordinance. She stated that when she related that suggestion to Morton he 8 said that is quite a common guideline. She said she related that to Hibner, noting that something along those 9 lines might be done shortly. 40 41 Councilmember Elstro had a question about Waytru Bank Corp. and Hibner answered that it is for petition 42 remodeling in the Waytru Bank at South Fifth and A Street. Councilmember Elstro asked if Council should 113 take this ordinance on through or wait. Councilmember Donat said it was her feeling they should go ahead 4 and pass this ordinance, adding that Councilmembers may want to make note if they find something here they are not sure about but would like to have changed then when possible guidelines are discussed that 146 would be the time to talk about those things. 7 1,8 Councilmember Donat stated that Hibner said they could send out letters requesting the presence of the 9 businesses listed in the proposed ordinances. She added that without an ordinance they could not be forced 0 to attend the meeting. Councilmember Elstro said that years ago the businesses did attend the meetings •1 when the specific ordinance mentioning them was before Council. Councilmember Donat said without an .2 ordinance she felt it might not be fair to change the rules this year, adding that with the coverage given to .3 this subject by the media it should be fair warning to all businesses that the tax abatement guidelines are .4 going to be changed. 5 •6 Councilmember Allen moved to suspend the rules and advance Ordinance No. 50 - 1994 to second reading •7 and read by title only, second by Councilmember McBride and the motion was carried on a unanimous voice •8 vote. .9 •0 The Clerk read Ordinance No.50- 1994 on second reading. •1 .2 President Parker announced Ordinance No. 50 - 1994 on public hearing. There being no comments either .3 for or against the ordinance Councilmember McBride moved for engrossment, second by Councilmember .4 Dickman and the motion was carried on a unanimous voice vote. .5 487 Common Council Minutes Cont'd July 5 1994 Page-5 1 Councilmember Allen moved to suspend the rules and advance Ordinance No. 50 - 1994 to third and final 2 reading and read by title only, second by Councilmember McBride and the motion was carried on a 3 unanimous voice vote. 4 5 The Clerk read Ordinance No.50- 1994 on third reading. 6 7 Ordinance No.50-1994 was adopted on the following call of the roll: 8 9 Ayes: Elstro, Lundy, Brookbank, Donat, McBride,Allen, Dickman, Hutton and Parker(9) 10 Nays: None 11 12 Councilmember Elstro stated that this will be the last ordinance of this kind he will vote on until a decision is 13 made. Councilmember Donat said that letters will be sent. 14 15 ORDINANCES ON SECOND READING 16 17 ORDINANCE NO.43-1994 18 19 The Clerk read Ordinance No. 43 - 1994 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 20 112 FORT WAYNE AVENUE 21 22 Announcing Ordinance No. 43 - 1994 on public hearing, President Parker asked for comments from the 23 audience in favor of the ordinance. Attorney Greg Horn, representing the petitioners who are M & H Realty 24 Co. an Indiana partnership, said the request is to change the zoning from R-3 residential to C-4 for 25 development purposes for potential uses under the C-4 zoning. He shared photographs, noting that changing 26 it to a C-4 usage would make it compatible with the changing land use around it and it would enhance 27 property values in the area. He added that the Planning Commission approved the change unanimously. 28 29 Hearing no further comments in favor and none against, Councilmember Dickman moved for engrossment, 30 second by Councilmember Hutton and the motion was carried on a unanimous voice vote. 31 32 Councilmember Allen moved to suspend the rules and advance Ordinance No. 43 - 1994 to third and final 33 reading and read by title only, second by Councilmember Dickman and the motion was carried on a 34 unanimous voice vote. 35 36 The Clerk read Ordinance No.43- 1994 on third reading. 37 38 Ordinance No.43 -1994 was adopted on the following call of the roll: 39 40 Ayes: Elstro, Lundy, Brookbank, Donat, Allen, Dickman, Hutton and Parker(9) 41 Nays: None 42 43 ORDINANCE NO.45-1994 44 45 The Clerk read Ordinance No. 45 - 1994 - A SPECIAL ORDINANCE AMENDING THE ZONING MAP AT 46 430 KINSEY STREET 47 48 Following the announcement by President Parker that the ordinance was on public hearing and inviting those 49 in favor to step forward, Jim Backmeyer, 2300 Chester Boulevard, addressed Council. He stated that a 50 family-owned business called Wayne County Collections presently operating in Old Richmond would be 51 occupying 430 Kinsey Street. He said plans are to make only cosmetic changes in the property, improving it 52 and keeping the landscape as it is if approved. Councilmember Allen asked if he would be requesting a curb 53 cut and Backmeyer answered one is not needed. Councilmember Lundy said that she recalled that Wayne 54 County Collections located in Old Richmond and asked if they are improving or want a bigger place. 55 Backmeyer said that was two years ago and they have outgrown their permises. 56 57 Hearing no further comments in favor and none against, Councilmember Dickman moved for engrossment, 58 second by Councilmember Hutton and the motion was carried on a unanimous voice vote. 59 60 Councilmember Lundy moved to suspend the rules and advance Ordinance No. 45 - 1994 to third and final 61 reading and read by title only, second by Councilmember Allen and the motion was carried on a unanimous 62 voice vote. 63 64 The Clerk read Ordinance No.45- 1994 on third reading. 65 4 8 Common Council Minutes Cont'd July 5-t994 -•P 6 - — 1 Ordinance No.45- 1994 was adopted on the following call of the roll: 2 3 Ayes:Elstro, Lundy, Brookbank, Donat, McBride,Allen, Dickman, Hutton and Parker(9) 4 Nays: None 5 6 ORDINANCE NO.46-1994 7 8 The Clerk read Ordinance No. 46 - 1994- (SECOND READING AMENDMENT) A GENERAL ORDINANC: 9 AMENDING CHAPTER 154 OF THE RICHMOND CODE, COMMONLY REFERRED TO AS THE ZONIN 10 ORDINANCE 11 12 Announcing that Ordinance No. 46 - 1994 was on public hearing and inviting comments in favor, Presiden 13 Parker recognized Bob Goodwin, director of planning and redevelopment, who explained that this petition i$ 14 on behalf of the Planning Commission itself which wishes to amend the zoning ordinance to bring it into 15 compliance with the state law. He noted that the law states specificially that the City cannot tre 16 manufactured homes any differently than stick built homes. He said the ordinance to date does treat the 17 differently and this ordinance will bring the City in compliance with the state law that states that 18 manufactured home is entitled to locate on an individual parcel of land in the same manner as a stick bui t 19 house. He added that it has nothing to do with the mobile home category which states that mobile home 20 can only be placed in a mobile home court. 21 22 Goodwin stated that manufactured houses, under Public Law No. 360, have to meet the same standards a 23 stick built houses. Councilmember Elstro asked if, by complying with the state law, that meant that 24 manufactured home could be placed in areas such as Reeveston and Hunter's Pointe. Goodwin answered 25 that there are restrictive covenants within a subdivision that are the rights of the builder but state law dictate 26 what the City can do from the standpoint of the City passing regulations regarding building. Typically, h 27 said, covenants have been used to stop those kinds of things in the past. Councilmember Elstro said he hay 28 received several calls from concerned citizens on the subject, adding that he empathized with them an 29 asking Goodwin if there was any way the City could get around it. 30 31 Goodwin answered that the state law is explicit in that it says the City does not have the right to tre 32 manufactured homes any differently and that has been a law since 1981 or 1982. Councilmember McBrid 33 stated that Richmond Homes had all been pre-fabricated, adding that a modular home is different than 34 mobile home.Goodwin commented that manufactured home are fine homes and are not cheap. 35 36 Councilmember Donat asked if home rule supercedes this state law and Goodwin answered that it does not 37 He commented that the realistic way to think about this is that a lot of manufactured homes are built here i 38 Indiana and it would be logical that the legislature would take this approach. Councilmember Dona 39 commented that Council seems to find itself in a difficult position, needing to be in compliance with a stat 40 law and yet there are homeowners who oppose this ordinance. Goodwin said the subdivisions have thei 41 own set of restrictions adopted at the time they are platted but after a certain amount of years thos 42 restrictions no longer apply. Councilmember Donat asked if a neighborhood association could come alon 43 and develop a covenant and Goodwin said it would take 100 percent of the citizens to want to do it then i 44 could be replatted. 45 46 Councilmember Lundy questioned the value of the ordinance, commenting that if Council changes the rule t 47 comply with the state law then allows everybody to make their own special covenants, what has it actuall 48 done. Goodwin answered that not much would have been done, adding that in some of those subdivisions i 49 you want to build a one-story ranch of 1,100 square feet there are covenants which do not allow it. H- 50 added that covenants restrict a whole lot of things, not just manufactured housing. 51 52 Goodwin said the value of that kind of structure within a subdivision is that the builders and future owner 53 have a right to know what to expect as to what is going to happen five or ten years down the road, that i 54 they pay $200,000 for a house the others should be comparable in price. He said that is something they d• 55 themselves, not the City government. 56 57 Goodwin said covenants in most subdivisions within a community have simply died out because many o 58 them have been around for more than 20 years and unless they are renewed or there is a clause o 59 problematic control, they simply cease to exist. If, he said, there are vacant lots that are unsold, under stat- 60 law the City cannot say a manufactured home can not be placed there. Councilmember Elstro asked wha 61 would happen if Council rejects this ordinance. Goodwin responded that the practical matter is that the Cit 62 cannot enforce the existing ordinance because it is against the state law. He said if someone requests 63 permit from him to place a manufactured home in a subdivision he has no right under state law to refus- 64 them. 65 • 489. Common Council Minutes Cont'd July-5 1-994 -•e7 1 2 Speaking in opposition of the ordinance was Richard Knight of 809 South 17th Street who asked when the 3 state law went into effect. Goodwin said it was either in 1981 or 1982. Knight said that his neighborhood is 4 one of the places they are trying to bring in the manufactured houses and he said the reason is that they are 5 cheaper by about $10,000 to $15,000 each. Continuing, he said, if they are brought in there then homes in 6 that area that are valued at around $56,000 or better will be reduced in value another $10,000 to $15,000 7 each. He added that because of this people in his neighborhood are placing their homes on the market, 8 wanting to sell them before any building takes place. 9 10 Councilmember Brookbank reported that the Planning Commission voted 9-0 in favor of the ordinance. 11 There being no further comments either for or against Ordinance No. 46 - 1994 Councilmember Dickman 12 moved for engrossment, second by Councilmember McBride and the motion was carried on a unanimous 13 voice vote. 14 15 Councilmember Donat moved to accept the second reading amendment of Ordinance No. 46 - 1994 which 16 they received in their packets prior to the meeting, second by Councilmember Allen and the motion was 17 carried on a unanimous voice vote. 18 19 Councilmember Brookbank moved to suspend the rules and advance Ordinance No. 46 - 1994 to third and 20 final reading and read by title only, second by Councilmember McBride and the motion was carried on a 21 unanimous voice vote. 22 23 The Clerk read Ordinance No.46- 1994 on third reading. 24 25 Councilmember Elstro announced that he would be voting against the ordinance. Councilmember Donat said 26 she would be voting a reluctant yes, commenting that what needs to be done is to lobby the state legislators. 27 Councilmember Lundy said she would be voting yes because she felt it should be changed. 28 29 Ordinance No.46- 1994 was adopted on the following call of the roll: 30 31 Ayes: Lundy, Brookbank, Donat, McBride,Allen, Dickman, Hutton and Parker(8) 32 Nays: Elstro (1) 33 34 ORDINANCES ON THIRD READING 35 36 There were none. 37 38 OLD BUSINESS 39 40 Councilmember Hutton reported that a group is working on the aquifer ordinance (Ordinance No. 4 - 1994) 41 and gathering information. She said they will be talking to businesses and county officials and the end result 42 will, hopefuly,be something everyone can live with. She added that all of this will take time. 43 44 President Parker encouraged Councilmembers to study the budget information they had been given and to 45 make their recommendations either to him or to the administration. 46 47 MISCELLANEOUS BUSINESS 48 49 There was none. 50 51 ADJOURNMENT 52 53 There being no further business, on a motion duly made, seconded and passed,the meeting was adjourned. 54 55 56 57 58 59 60 61 Larry Parker, President 62 63 64 65 ATTEST: Norma Carnes, City Clerk 499